The plan to lease Cincinnati’s parking assets to the Port of Greater Cincinnati Development Authority remains up in the air today after court rulings kept a court-mandated restraining order in place until at least March 15, when a hearing is scheduled at the Hamilton County Common Pleas Court. The hearing on March 15 will establish whether the lawsuit should move forward and whether the restraining order will remain until the lawsuit is resolved. The latter poses a budgetary challenge to the city; if the restraining order is kept in place and opponents gather the signatures required for a November referendum on the parking plan, the city says it will have to make cuts before July to balance the budget for fiscal year 2014, which could result in layoffs.“We’ve been very clear that, by state law, we need to have a balanced budget starting July 1, so we will need to do all things necessary at that point,” says Meg Olberding, city spokesperson.The lawsuit was originally moved to federal courts on March 7 because it included complaints regarding civil rights. Plaintiffs removed the mention of civil rights, which then prompted Judge Michael Barrett to send the lawsuit back to the Hamilton County Common Pleas Court. City Council approved the parking plan in a 5-4 vote on March 6, but the plan was almost immediately held up by a temporary restraining order from Hamilton County Common Pleas Judge Robert Winkler. The restraining order is meant to provide enough time to process a lawsuit filed by Curt Hartman, an attorney who represents the Coalition Opposed to Additional Spending and Taxes (COAST), on behalf of local activists who oppose the plan and argue it should be subject to referendum. “If there was even five seconds without a temporary restraining order in place, the city’s going to sign that lease,” Chris Finney, another attorney that represents COAST, said in a public statement after the hearing with Barrett. “At that point, the city will argue that the case has moved and that the (referendum) petitions are void.” The legal dispute is focused on City Council’s use of the emergency clause, which eliminates a 30-day waiting period on implementing laws but takes away the possibility of a referendum.  In an interview on March 7, Vice Mayor Roxanne Qualls, who voted for the parking plan, told CityBeat the dispute over emergency clauses is politically motivated: “I think it’s nothing but a political controversy that’s generated for political gain and for political purposes. Council passes many of its ordinances with emergency clauses. In fact, the other candidate for mayor himself consistently voted for emergency clauses.” The other mayoral candidate Qualls is referring to is John Cranley, a former council member who opposes the parking plan and says he will support a referendum effort. “Just because the emergency clause may be used too often doesn’t make it right,” says Cranley. “I never voted for an emergency clause when there was a stated grassroots effort to have a referendum on a vote that I was facing.”CityBeat previously covered the parking plan in further detail here.

In a 5-4 vote today, City Council approved a plan to lease Cincinnati’s parking assets to the Port of Greater Cincinnati Development Authority to help balance deficits for the next two fiscal years and fund development projects in Downtown, but the plan is now being held up by a Hamilton County judge's temporary restraining order (TRO).The plan was approved with an emergency clause, which means it is not subject to referendum, according to City Solicitor John Curp. Councilman Chris Seelbach joined the parking plan’s five supporters in approving the emergency clause, which is meant to expedite the plan’s implementation by removing a 30-day waiting period.Shortly after the parking plan was approved by City Council, Judge Robert Winkler signed a TRO that will halt its implementation for at least one week. The judge’s action will provide enough time to process a lawsuit filed by Curt Hartman, an attorney who represents the Coalition Opposed to Additional Spending and Taxes (COAST), on behalf of local activists who oppose the plan and argue it should be subject to referendum.Mayor Mark Mallory says the emergency clause was passed to speed up the plan’s implementation in time for the budget that will begin July 1, not to suppress voters: “I don't think that any member of council has ever voted for an emergency clause in an effort to keep voters from being able to reverse the decision that the council is making, so I take exception with that characterization.”The parking plan got its required fifth vote, up from a 4-3 vote in the Budget and Finance Committee Monday, from Councilwoman Laure Quinlivan, who abstained from voting in the committee meeting because she said she was concerned about the city’s long-term fiscal outlook. She says her concerns were eased after she read the leasing agreement and listened to a presentation from City Manager Milton Dohoney Jr. that gave City Council a few options for fixing the city’s structural deficits.The parking plan’s other supporters were council members Roxanne Qualls, Yvette Simpson, Cecil Thomas and Wendell Young. Council members Seelbach, P.G. Sittenfeld, Chris Smitherman and Charlie Winburn voted against the plan.The plan, which CityBeat previously covered (“Parking Stimulus,” issue of Feb. 27), will lease the city’s parking assets to fund development projects, including a 30-story tower and a downtown grocery store, and help balance the deficit for the next two fiscal years. The deal will produce a $92 million upfront payment, and the city projects that additional annual installments will generate more than $263 million throughout the lease’s duration.Opponents say they are concerned the plan will give up too much control of the city’s parking meters and garages, which they say could lead to spikes in parking rates.Under the initial plan, downtown rates will remain at $2 an hour and neighborhood rates will be hiked to 75 cents. Afterward, parking meter rates will be set to increase annually by 3 percent or the rate of inflation on a compounded basis, with actual increases coming in at 25-cents-an-hour increments. That should translate to 25-cent increases every three years for downtown and every six years for neighborhoods, according to Meg Olberding, city spokesperson.The city will be able to bypass the so-called “cap” on parking meter rate increases through a unanimous vote from a five-person advisory committee, approval from the city manager and a final nod from the Port Authority. The process, which begins with an advisory committee that will include four members appointed by the Port Authority and one selected by the city manager, will allow the city to raise and lower rates to adjust for changing economic needs, says Olberding.Opponents also say the money from the parking plan is being used too quickly, which does little to alleviate the city’s structural deficits.Dohoney previously argued the plan will help reduce the deficit by generating recurring revenues through long-term economic growth and development.“The situation that we’re in requires that we accelerate growth right now, not later,” he said Monday. “If we do not do that, then we’re going to have further negative ramifications to deal with.”With the lease agreement approved, it is now up to the Port Authority to develop and publicize the bond documents that will further detail the framework of the parking plan.Earlier in the same meeting, City Council unanimously passed a resolution asking the federal government to take up comprehensive immigration reform.Update: This story was updated to reflect Judge Robert Winkler's actions.

A local conservative group is making a lot of use of member and lawyer Chris Finney. The Coalition Opposed to Additional Spending and Taxes (COAST) was involved in two lawsuits filed this week: one regarding the Blue Ash Airport deal and another regarding Cincinnati Public Schools (CPS). Criticism of the Blue Ash Airport deal is not new for COAST. The group has repeatedly criticized the deal, largely because as much as $26 million from the deal will be used to fund Cincinnati’s $110 million streetcar. In the past, COAST has repeatedly characterized the streetcar as a “boondoggle.” The deal between Blue Ash and Cincinnati is not new, but it did get reworked earlier this year. In 2006, the $37.5 million deal had Cincinnati selling Blue Ash some land on the Blue Ash Airport property, which Blue Ash would then use to build a park. Blue Ash voters approved the deal, which contained a 0.25 percent earnings tax hike, in a two-to-one margin. When Cincinnati couldn’t get a $10 million grant from the Federal Aviation Administration (FAA), the city stopped working on the airport as it became too costly. The city then tried to shift the proceeds from the deal to the Cincinnati streetcar, but the FAA said funding must be used for airports since the property is classified as an airport.  Eventually, Cincinnati asked Blue Ash to rework the deal. The plan was Blue Ash would rescind the deal, and then Cincinnati would officially close down the airport and resell the land to Blue Ash while it’s no longer classified as an airport. At first, city officials said $11 million of the opened-up money would go to the streetcar and $26 million would go to municipal projects. Since then, the city has shifted $15 million of that municipal project funding — supposedly temporarily — to help Duke Energy move underground utility lines from the path of the proposed streetcar route, at least until the city and energy company can work out an ongoing feud. The reworked deal, which was approved by Blue Ash City Council in a 6-1 vote on Aug. 9, seemed like a win-win for both sides. Cincinnati would get more funding for ongoing projects, and Blue Ash netted $2.25 million from the deal — $250,000 to cover fees for Blue Ash’s new park and $2 million was subtracted from the deal since Blue Ash would no longer have to match the FAA grant. But COAST does not approve. The organization doesn’t want any funding redirected to the streetcar, and it claims the reworked deal is not allowed. The lawsuit filed by Blue Ash resident Jeffrey Capell and Finney cites a section of the Blue Ash City Charter that disallows some contracts: “No contract shall be made for a term longer than five years, except that franchises for public utility services and contracts with other governmental units for service to be received or given may be made for any period no longer than twenty years.” Mark Vander Laan, Blue Ash’s city solicitor, says the city charter section the lawsuit is referencing is irrelevant. He argues the deal is not a contract as the city charter defines it; instead, it’s a mortgage and debt instrument. In the Blue Ash City Charter, there’s another section that deals with debt instruments, and that’s what the rescinded deal falls under, according to Vander Laan. He says the city would not function as it does today if the lawsuit’s claim was correct: “If that were the case, all the bonds we’ve ever issued would have been incorrect.” Vander Laan says the real issue here is disapproval of the streetcar, not any legal technicalities: “They may have a complaint about the streetcar, but that’s not the city of Blue Ash’s issue at all. We don’t think it’s even an appropriate basis to challenge this.” He added, “Frankly, if somebody had an issue with (the deal), they should have taken that issue back in 2006 and 2007.” That’s when Blue Ash voters first approved the airport deal, but back then, the money wasn’t going to the streetcar, which didn’t even exist at the time. In another legal battle, COAST filed a lawsuit against CPS over staff allegedly campaigning for Issue 42, a ballot initiative that will renew a CPS levy voters approved in 2008. The case goes back to 2002, when Tom Brinkman, chairman of COAST, sued CPS for “illegal and unconstitutional use of school property for campaign purposes,” according to the lawsuit. That case ended in a settlement, which forced CPS to enter into a “COAST Agreement” that says, “CPS will strictly enforce a policy of preventing … Other Political Advertisements on CPS Property.” But COAST now says that agreement has been broken, and the lawsuit cites emails as evidence. The emails show staff promoting voter registration drives, which aren’t directly linked to Issue 42, and staff offering to contribute and volunteer to the campaign. In the emails, there are a few instances of Jens Sutmoller, Issue 42’s campaign coordinator, asking CPS staff to give him personal emails, which shows he was trying to avoid breaking any rules. In CityBeat’s experience, CPS officials have been pretty strict with following the settlement with COAST. In a Sept. 20 email, Janet Walsh, spokesperson for CPS, told CityBeat she could not provide some levy-related information during work hours: “Yes, but due to constraints about doing levy-related work on work time (we can't), it may have to wait until I can get on my home computer.” COAST has endorsed a “No” vote on Issue 42. In CityBeat’s in-depth look into CPS and Issue 42 (“Battered But Not Broken,” issue of Oct. 3), Brinkman defended COAST’s position by saying they’re not necessarily against the school getting funding. COAST is more interested in holding the school accountable: “It’s a five-year levy. The reason we have five-year levies is so the public can gauge after four or four and a half years how the entity where the taxes are going to is doing with the money.” In that sense, for COAST, it’s important to bring the levy renewal to voters as late in the game as possible — November 2013 in this case. CityBeat this week endorsed a "Yes" vote on Issue 42 here. Criticism of CPS levies is also not new for COAST. The group campaigned against last year’s new, permanent $49.5 million levy, which CPS said it needed to meet new technology needs and keep some buildings open.

In-person early voting is underway in Ohio. Find your nearest polling booth here. If there’s a Democrat-led war on coal in Ohio, it’s not showing in the numbers. PolitiFact checked Democratic Sen. Sherrod Brown’s claim that coal jobs and production have gone up in the state since five years ago, and it turns out he’s right. Brown’s remark was in response to Republican challenger Josh Mandel’s claim that Democrats are leading a war on coal. Brown and Mandel are fighting for Ohio's U.S. Senate seat, which CityBeat covered in-depth here. Currently, Brown leads by 5.5 points in aggregate polling. The presidential campaigns are turning it up in Ohio. Ann Romney was in Greater Cincinnati yesterday to campaign for her husband, echoing past visits from Michelle Obama. President Barack Obama will be in Cincinnati Sunday. Mitt Romney will hold a big rally in West Chester on Friday. Ohio could be the state to decide whether Romney or Obama is the next president. Due to Ohio’s importance, lawyers from around the county will be keeping a close eye on the state. With six days of voting left, aggregate polling shows Obama up 2.3 points in Ohio and the race tied nationally. FiveThirtyEight, The New York Times’ forecasting model, says Obama has a 79.9 percent chance of winning Ohio and a 79 percent chance of winning the election. The Coalition Opposed to Additional Spending and Taxes (COAST) is suing Cincinnati Public Schools (CPS) for allegedly using city resources to campaign for Issue 42, which will renew a CPS levy from 2008. In the emails, school officials discuss voter registration drives, signing up to support the levy and contributing to the levy campaign. But in a few emails, Jens Sutmoller, campaign coordinator for Issue 42, asks for personal emails to properly respond. COAST has endorsed a “No” vote on Issue 42. CityBeat covered Issue 42 and the problems facing CPS here. CityBeat also endorsed a “Yes” vote on Issue 42 here. Dropping enrollment in urban district schools, including CPS, has caused some schools to revise building programs downward, saving the state money. In CPS in particular, the school’s project has dropped down to 50 buildings from 66 partly in response to a decline in about 10,000 students since 2002 to about 32,687 enrolled students today. The shift apparently has less to do with students moving to the suburbs and more to do with the greater availability of charter and private schools. The Port of Greater Cincinnati Development Authority’s CEO Laura Brunner laid out the Port Authority’s strategic plan yesterday. The Port Authority seeks to fight poverty, attract residents and increase jobs by expanding inland port operations, developing land, stabilizing targeted communities, upgrading its public financing plan and transparently communicating progress, according to Brunner. A small fraction of absentee ballots might have been rejected due to a state data glitch. The glitch caused Ohio Secretary of State Jon Husted to deliver 33,000 updated registration records to local elections issues. Tim Burke, chairman of the county Democratic Party and county Board of Elections, expressed mixed feelings about the error: “Obviously, you hate like hell to have the secretary of state’s office, which had promised to have a very efficient election, popping something like that on us seven days out. … Having said that, I’m glad at least once they recognized that these names are out there they moved to get them to us so that we can do our best to ensure that these folks are not disenfranchised because of some administrative glitch.” In related news, Husted got the emergency stay he asked for on a recent voting ruling. Husted said he was happy with the decision in a statement: “With six days to go before Election Day, I am pleased that the Court has granted a stay in this case so that I can give the 88 county boards of elections the clear direction they need on the rules for processing provisional ballots.” There are a few teachers campaigning for office in Ohio, and NPR says the campaigns could give Democrats and Obama a boost. The surge of teachers is largely attributed to Senate Bill 5, which tried to limit collective bargaining among public employees. The teachers figure the only way to prevent another Senate Bill 5 is by holding office. There are also Ohio Board of Education candidates on this year’s ballot. StateImpact Ohio has a look into some of those candidates here. A survey found small firms are doing very little to prepare for Obamacare. Most don’t know what the national health care plan will even do for them. About 70 percent were unsure or incorrectly believed Obamacare will make them pay a tax. Ever want to play Tetris with a pumpkin? Well, apparently someone has.

In-person early voting is underway in Ohio. Find your nearest polling booth here. Hurricane Sandy slammed the East Coast last night. At least 16 people are believed to have died from the storm, and as many as 7.5 million were left without power. Areas of New York and New Jersey also faced major flooding. It took until 4:30 a.m. for Sandy to go from hurricane to tropical storm.  The Anna Louise Inn will be in court at 9 a.m. today arguing in front of the First District Court of Appeals, which could overturn a May ruling and allow the Inn to move forward with its renovation. CityBeat will have online coverage for the hearing later today. Hamilton County’s probation department is facing sexual harassment charges. The charges are coming from a county worker who said her promotion was denied due to her actions “for opposing discrimination and encouraging others to exercise their right to be free from acts of discrimination.” The Coalition Opposed to Additional Spending and Taxes filed a lawsuit Friday in an attempt to reverse the August reworking of the Blue Ash airport deal. For COAST, the lawsuit is mostly to stall or stop the financing for the $110 million Cincinnati streetcar. City Council will vote next week to decide whether the city should borrow $37 million to fund development projects and a portion of the Homeless to Homes program. But Homeless to Homes is generating some concern due to its requirement to move three shelters. Three Cincinnati charity groups are coming together to help veterans with disabling injuries. The organizations will pool available resources to hopefully find jobs for veterans. Mitt Romney is running a new ad against President Barack Obama in Ohio that says Chrysler is moving Jeep production to China. The ad, which Chrysler says is false, warranted a snarky response from the car company: “Despite clear and accurate reporting, the take has given birth to a number of stories making readers believe that Chrysler plans to shift all Jeep production to China from North America, and therefore idle assembly lines and U.S. workforce. It is a leap that would be difficult even for professional circus acrobats.” The Obama team also responded with its own ad. It is somewhat understandable Romney would be getting a bit desperate at this point in the race. Ohio is widely considered the most important swing state, but aggregate polling has Romney down 1.9 points in the state. Romney is up 0.9 points nationally. State Republicans are refusing to pull an ad that accuses William O’Neill, Democratic candidate for the Ohio Supreme Court, of expressing “sympathy for rapists.” This is despite the fact that Justice Robert Cupp, O’Neill’s Republican opponent, has distanced himself from the ad. At this point, even the most nonpartisan, objectives watchers have to wonder why the Republican Party can’t keep rape out of its messaging. In comments aired first on Aug. 19, U.S. Senate candidate Todd Akin of Missouri said on pregnancy after rape, “If it's a legitimate rape, the female body has ways to try to shut that whole thing down.” On Oct. 23, Richard Mourdock, the Senate candidate for Indiana, said, “I struggled with it myself for a long time, but I came to realize that life is that gift from God. And, I think, even when life begins in that horrible situation of rape, that it is something that God intended to happen.” Ohio is getting closer to the health exchange deadline with no plan in sight. Obamacare asks states to take up health exchanges that act as competitive markets for different health insurance plans. States are allowed to either accept, let the federal government run the exchanges or take a hybrid approach. As part of the health exchanges, the federal government will also sponsor a heavily regulated nonprofit plan that sounds fairly similar to the public option liberals originally wanted in Obamacare. Meanwhile, Ohio and other states still haven’t decided whether they will be expanding their Medicaid programs. In the past, state officials have cited costs as a big hurdle, but one study from Arkansas found Medicaid expansions actually saved money by reducing the amount of uncompensated care. Some states that expanded Medicaid also found health improvements afterward. An inspector at the Ohio Department of Education (ODE) was caught not doing her job. The inspector was supposed to do 128 site visits for in-person safety inspections, but she apparently never showed up to some of the schools and filed fraudulent reports. Peter Cremer North America could add 50 jobs in Cincinnati over three years in an expansion. A San Francisco firm bought a major stake in Cincinnati Bell.

Since the Watergate-era, Ohio has had a panel with authority to penalize those who deliberately disseminate false information during elections. Cincinnati’s conservative anti-tax group COAST — which has been outspoken against the streetcar project — has chafed that it might someday run afoul of the Ohio Elections Commission for spouting off. COAST sees the Election Commission’s job of policing political discourse as creating a government-controlled censorship panel. It asked: How could anybody in Columbus have the power to decide what is true and false in political advertising? Free speech should trump the Election Commission’s power to zip lips, or levy penalties over false statements.So COAST went to court and filed a challenge last year that asked a U.S. court in Cincinnati for an injunction putting the Ohio Elections Commission on ice. Last week, U.S. District Judge Michael R. Barrett (a former chairman of the Hamilton County Republican Party) tossed the COAST case out of court.   Barrett agreed with COAST that the back-and-forth of political speech is an important right. But he declared COAST had not shown its ability to make provocative statements had been damped, or “chilled,” by the existence of the Ohio Elections Commission. The lawsuit is styled COAST Candidates PAC, et al v. Ohio Elections Commission, el al, Case No. 1:11cv775, U.S. District Court, Southern District of Ohio.   Barrett said that if COAST had admitted it planned to lie it might have a better case. He wrote: “Plaintiffs responded that while they do not intend to engage in false speech, their speech has been chilled out of fear that any provocative statement might be challenged as false by political opponents. ... Plaintiffs have failed to demonstrate something ‘more' than a subjective allegation of chill in this case.” Barrett said there was no proof of actual or imminent harm. In other words, nobody had tried to make COAST shut up. Barrett wrote off COAST’s worries as veering into sheer fantasy. “[COAST] would need to make some statement in the future, then Cincinnatians for Progress, or some other group or individual, would need to file a groundless complaint against plaintiffs and defendants would then fail to follow the provisions in Section 3517.22. The scenario is far too speculative.” The legal battle started last fall over the streetcar referendum and 20 different COAST-linked tweets against the project. One said the Cincinnati Fire Department had been browned out because city money had been used to “pay for streetcar boondoggle.” When streetcar backers filed a complaint with the Ohio Elections Commission last year, the panel cleared COAST. After citizens voted to continue the streetcar project, COAST said they were under ongoing threat of being hauled before the state commission and filed the federal lawsuit. The challenged state law against political lies says nobody can, “post, publish, circulate, distribute or otherwise disseminate, a false statement, either knowing the same to be false or acting with reckless disregard of whether it was false or not, that is designed to promote the adoption or defeat of any ballot proposition or issue.”   And it is still on the books.